[Liability Insurance] Florida Bar RPPTL Insurance & Surety Committee Monthly Call Scheduled for Monday, March 17, 2014, beginning at Noon

[Wright, Wm. Cary]

Everyone:

I hope you are having an enjoyable weekend.

Attached is the agenda for the monthly Insurance & Surety Committee conference call scheduled for Monday, March 17, 2014 at noon.  The dial-in information is:



Dial-in: 888-376-5050

Pin: 8425484201#
Moderator: 13137#

As you may recall from last month's meeting, there was a lot of discussion on pending legislation regarding the assignment of post-loss benefits for residential insurance policies.  In response to the discussion, Rob Friedman prepared the attached White Paper for the Committee's consideration and vote.  The approved version from this Committee will then be circulated to other RPPTL Committees - Condominium, Residential Real Estate and Commercial Real Estate for comment, and then to the Section's Lobbyist.

Time permitting, Michael Meyer will provide a case law update on the following cases, which are also attached for your convenience.


*         Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., 2014 WL 463309 (Fla. Feb. 6 2014) (Insured was permitted to apply indemnification payments received from third-party toward satisfaction of its $1 million self-insured retention obligation pursuant to general liability policy.).


*         Nationwide Mutual Fire Insurance Co. v. Advanced Cooling and Heating, Inc.,

126 So. 3d 385 (Fla. 4th DCA Oct. 2013) (Commercial general liability ( CGL) insurance policy did not provide coverage regarding faulty workmanship claim that customer asserted against insured regarding installation of compressor while repairing air conditioning unit, where customer did not allege property damage to some tangible property other than unit itself.).


*         Liberty Mutual Fire Insurance Co. v. MI Windows & Doors, Inc., 2013 WL 4734045 (Fla. 2d DCA Sep. 2013) (Under "your product" exclusion in commercial general liability (CGL) insurance policy, sliding glass doors remained insured's "product" after buyer of doors installed transoms running atop doors; addition of transoms did not fundamentally change nature and function of doors, and doors retained their identity after being hung on transoms.).


*         Danny's Backhoe Service, LLC v. Auto Owners Insurance Co., 116 So. 3d 508 (Fla. 1st DCA May 2013) (Provision in commercial general liability (CGL) insurance policy stating that damage to property that insured owned or rented was not covered and provision excluding coverage for damage to property that the insured's employees owned, rented, occupied, or used except that exclusion did not apply to insured's liability for damage to such property were independent of each other and were entirely consistent with each other.).


*         Tsatfinos v. Family Dollar Stores of Florida, Inc., 116 So. 3d 576 (Fla. 2d DCA June 2013) (Landlord did not properly plead a claim for common law indemnity in action by tenant's employee for negligence, where he failed to show the existence of any special relationship between himself and tenant that would make landlord vicariously, constructively, derivatively, or technically liable to the tenant's employee because of tenant's negligence or fault.).

Thanks and I appreciate everyone's participation.

Cary

[Carlton Fields Jorden Burt, P.A.]
Wm. Cary Wright
Attorney at Law
Board Certified in Construction Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780
Direct:  813.229.4135 | Fax:  813.229.4133

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